Life Sciences is an area ripe for trade secrets misappropriation litigation. In recent news, Merz Pharmaceuticals, LLC filed a lawsuit under the North Carolina Uniform Trade Secrets Act alleging that its former director of federal accounts, Andrew Thomas, stole trade secrets
The Patent Playbook
Key Insights on Trends and Legal Developments in Patent Law
The Patent Playbook, published by Proskauer Rose LLP, focuses on issues related to patent law and intellectual property strategy. It covers topics such as patent litigation, inter partes review (IPR) proceedings, patent validity and enforceability, inventorship especially in the context of AI-assisted inventions, venue considerations in patent disputes, and the alignment of patent claims with regulatory approvals. The blog also addresses emerging technologies including artificial intelligence and blockchain, and their impact on patent eligibility and innovation policies. It provides analysis of recent court decisions, government initiatives, and regulatory guidance affecting patent prosecution and enforcement strategies.
Latest from The Patent Playbook - Page 5
The Supreme Court Kept the Door Open to Genus Claims
The U.S. Supreme Court on May 18, 2023 delivered its decision on the scope of the patent enablement requirement, set forth in 35 U.S.C. § 112, in the antibody dispute Amgen, Inc. v. Sanofi. While the parties obtained finality, many…
Is an Appeal Time Well-Spent? For Patents, That Depends . . .
In Sawstop Holding LLC v. Vidal the Federal Circuit confirmed what many practitioners suspected— the Patent and Trademark Office will only award a patent term adjustment to offset a delay caused by appellate review of a patent prosecution if the…
The Seventh Circuit Asks, “What’s Wrong With Having Lots of Patents?”
The answer? Not much, in itself. If one patent is good, 132 is probably fine too. That was Judge Easterbrook’s reasoning in a recent decision addressing indirect purchasers’ antitrust challenge to AbbVie’s so-called “patent thicket” of 132 patents around the…
BridgeBio Transaction Reflects Healthy Market for FDA Priority Review Vouchers
BridgeBio’s recently announced sale of an FDA Priority Review Voucher for $110 million reflects a robust secondary market for these regulatory fast passes. Prices for Priority Review Voucher (“PRVs”) reflect the high stakes involved in the timing of the FDA…
Update on Artificial Intelligence: USPTO Urges Federal Circuit to Affirm Decision That AI Cannot Qualify as an “Inventor”
In three previous blog posts, we have discussed recent inventorship issues surrounding Artificial Intelligence (“AI”) and its implications for life sciences innovations – focusing specifically on scientist Stephen Thaler’s attempt to obtain a patent for an invention created by…
“Negative” Patent Claim Limitations—May They be Adequately Described by Omission?
Patent claim limitations that are “negative”—that is, claim limitations specifying the absence of a particular element from the patent claim—can pose a dilemma in the written description context. How much of the specification should be devoted to something that is…
Preparing for Europe’s Unified Patent Court
After years of contemplation and delays, Europe’s Unified Patent Court will be operational in about one year. U.S.-based Life Sciences patent applicants should start preparing now to ensure that their applications withstand scrutiny under the new patent court.…
Skinny Labels May Not Be Dead: Delaware District Court Distinguishes GSK, Dismisses Induced Infringement Claim
Update on Artificial Intelligence as a Patent Inventor
Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues surrounding AI and its implications for life sciences innovations.…